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Marlon Brown family releases video of patrol-car death

Published: Thursday, September 19, 2013 at 5:30 a.m.

Last Modified: Thursday, September 19, 2013 at 7:11 a.m.

DELAND — Family members of a Spring Hill man hit and killed by a DeLand police car while fleeing a traffic stop released the dash-cam video of the crash on Wednesday and called for an independent investigation into Marlon Brown’s death.

The 2 minute, 22 second video, which is exempt from public records but legally available to family, was released to the media by Krystal Brown, the ex-wife of Marlon Brown.

Krystal Brown, accompanied by her attorney Benjamin Crump, said it was a very difficult decision for the family to release the video because of its graphic nature but deemed it necessary as part of an effort to get justice for Marlon Brown and his children. The Medical Examiner’s Office, police and the State Attorney’s Office misled the family about the circumstances surrounding Marlon Brown’s death, Krystal Brown said.

“They lied to us, but the video is important. It speaks the truth,” Krystal Brown said at a press conference Wednesday afternoon at the Chisholm Community Center.

The video from about 12:30 a.m. May 8 shows two DeLand police cars chasing Brown’s car through a neighborhood and coming to the dead end of a street. One officer stops his patrol car as Brown jumps out of his car and runs through a field. Officer James Harris drives past the first patrol car, then follows Brown for a few seconds through the lot when Brown falls and rolls, facing the patrol car, and is hit. The officers are heard in the background calling for rescue and trying to figure out how to get the car off Brown.

Harris was the secondary officer under the DeLand Police Department’s pursuit policy. The department’s policy states that a secondary unit is not allowed to overtake the primary vehicle pursuing unless the primary vehicle breaks down.

Harris, who has since been fired for policy violations in the incident, and Ferrari had engaged Brown in a pursuit after a Volusia County deputy announced over the radio that Brown had fled from him as he tried to stop him for a seat belt violation. Brown ran from his car after pulling into an empty lot behind 960 Delaware Ave. and was struck and run over by Harris in a vegetable garden at a chain link fence.

In the medical examiner’s report, an expert estimated Harris’ patrol car was traveling 20 mph when Brown fell and then was struck.

Brown, 38, well-known in the community as a barber, had more than two dozen arrests in 20 years and was released from jail in April after serving time for drug possession. He did not have a driver’s license, investigators said in their reports.

Brown died of mechanical asphyxia from the weight of the car. He had the anti-anxiety drug alprazolam and the painkiller oxycodone in his system, according to the FHP.

Harris will not be criminally charged, State Attorney R.J. Larizza said last week in announcing results of the four-month investigation. Harris was cleared of vehicular homicide by a grand jury.

“Myself, my children and Marlon Brown’s family are very disappointed with the grand jury’s decision,” Krystal Brown said. “We feel we have been betrayed by the criminal justice system.”

Eric Latinsky, Harris’ attorney, said he does not see what legal purpose the release of the video serves.

“At this point, the grand jury has already spoken,” Latinsky said. “They found that no criminal charges are warranted.”

Latinsky said that based on the U.S. Supreme Court ruling that says police officers do not have the responsibility to let someone go just because they flee, the law was properly applied by the grand jury and the State Attorney’s Office.

Latinsky said Harris is very remorseful over the incident and he wants Marlon Brown’s family to know that he is very sorry for their loss.

“The Brown family certainly have the right to exercise their First Amendment rights,” Latinsky said. “What we have here is a tragic accident. Mr. Harris had no intent of harming Mr. Brown.”

Harris was the only officer in the incident who did not give a statement for the investigation.

Crump — attorney for the parents of Trayvon Martin, the 17-year-old shot to death by George Zimmerman in Sanford — said that after viewing the video he questions the evidence. He believes the evidence presented to the grand jury by the State Attorney’s Office was tampered with, but he didn’t say how.

“We want to know what was presented to the grand jury,” Crump said. “Did they see the video we just saw?”

David Smith of the State Attorney’s Office did not return a message left Wednesday.

Krystal Brown has reached a $550,000 settlement with the city of DeLand in her ex-husband’s death. The money will be set aside for the couple’s three children.

DeLand police Chief Bill Ridgway issued a statement on Wednesday, stating that he viewed the video May 31, the same day he fired Harris.

“The actions taken by Officer Harris that night are not consistent with our department’s training, directives, or accepted practices or techniques,” Ridgway said.

“Personally this event has weighed heavily on me since it occurred. It is always a tragedy when a human life is lost,” Ridgway said.

In response to allegations by Krystal Brown and Crump that the video was tampered with, Ridgway said originally it was thought the memory card from Harris’ dash camera was corrupt, but a special agent with the Florida Department of Law Enforcement, Todd Jones, was able to recover it.

“Special Agent Jones revealed the file in which the video was on appeared to have been corrupted during the recording process. Special Agent Jones also revealed there was no indication by the forensic software that the file was previously deleted and no indication of deliberate tampering,” Ridgway said.

“This incident is a tragedy and I have personally spoken with the Brown family and extended my deepest sympathies.”

Crump said he has drafted letters to the Florida Department of Law Enforcement and other authorities, including the federal government, to conduct an independent investigation of Marlon Brown’s death.

The attorney said that regardless of the fact that it was wrong for Marlon Brown to run from a traffic stop and be out past his probation curfew, he did not deserve to die the way he did.

Crump also said that Harris should be held responsible and should have at least been charged with vehicular manslaughter, the killing of a human being by a person recklessly and negligently operating a vehicle.

“The video shows negligence,” Crump said. “He was coming at Marlon Brown with such velocity that regardless whether Marlon Brown fell or not, he would not have been able to stop. He was driving recklessly.”

<p>DELAND — Family members of a Spring Hill man hit and killed by a DeLand police car while fleeing a traffic stop released the dash-cam video of the crash on Wednesday and called for an independent investigation into Marlon Brown's death.</p><p>The 2 minute, 22 second video, which is exempt from public records but legally available to family, was released to the media by Krystal Brown, the ex-wife of Marlon Brown. </p><p>Krystal Brown, accompanied by her attorney Benjamin Crump, said it was a very difficult decision for the family to release the video because of its graphic nature but deemed it necessary as part of an effort to get justice for Marlon Brown and his children. The Medical Examiner's Office, police and the State Attorney's Office misled the family about the circumstances surrounding Marlon Brown's death, Krystal Brown said.</p><p>“They lied to us, but the video is important. It speaks the truth,” Krystal Brown said at a press conference Wednesday afternoon at the Chisholm Community Center.</p><p>The video from about 12:30 a.m. May 8 shows two DeLand police cars chasing Brown's car through a neighborhood and coming to the dead end of a street. One officer stops his patrol car as Brown jumps out of his car and runs through a field. Officer James Harris drives past the first patrol car, then follows Brown for a few seconds through the lot when Brown falls and rolls, facing the patrol car, and is hit. The officers are heard in the background calling for rescue and trying to figure out how to get the car off Brown.</p><p>Harris was the secondary officer under the DeLand Police Department's pursuit policy. The department's policy states that a secondary unit is not allowed to overtake the primary vehicle pursuing unless the primary vehicle breaks down. </p><p>Officer Justin Ferrari, 22, was the primary DeLand unit in pursuit, DeLand police Sgt. Chris Estes said. </p><p>Florida Highway Patrol reports show on the day of the fatal crash, Harris drove around Ferrari's patrol car that had stopped behind Marlon Brown's parked car in an open lot.</p><p>Then Harris' patrol car struck and ran over Marlon Brown, killing him. </p><p>Harris, who has since been fired for policy violations in the incident, and Ferrari had engaged Brown in a pursuit after a Volusia County deputy announced over the radio that Brown had fled from him as he tried to stop him for a seat belt violation. Brown ran from his car after pulling into an empty lot behind 960 Delaware Ave. and was struck and run over by Harris in a vegetable garden at a chain link fence.</p><p>In the medical examiner's report, an expert estimated Harris' patrol car was traveling 20 mph when Brown fell and then was struck.</p><p>Brown, 38, well-known in the community as a barber, had more than two dozen arrests in 20 years and was released from jail in April after serving time for drug possession. He did not have a driver's license, investigators said in their reports.</p><p>Brown died of mechanical asphyxia from the weight of the car. He had the anti-anxiety drug alprazolam and the painkiller oxycodone in his system, according to the FHP. </p><p>Harris will not be criminally charged, State Attorney R.J. Larizza said last week in announcing results of the four-month investigation. Harris was cleared of vehicular homicide by a grand jury.</p><p>“Myself, my children and Marlon Brown's family are very disappointed with the grand jury's decision,” Krystal Brown said. “We feel we have been betrayed by the criminal justice system.”</p><p>Eric Latinsky, Harris' attorney, said he does not see what legal purpose the release of the video serves. </p><p>“At this point, the grand jury has already spoken,” Latinsky said. “They found that no criminal charges are warranted.”</p><p>Latinsky said that based on the U.S. Supreme Court ruling that says police officers do not have the responsibility to let someone go just because they flee, the law was properly applied by the grand jury and the State Attorney's Office.</p><p>Latinsky said Harris is very remorseful over the incident and he wants Marlon Brown's family to know that he is very sorry for their loss.</p><p>“The Brown family certainly have the right to exercise their First Amendment rights,” Latinsky said. “What we have here is a tragic accident. Mr. Harris had no intent of harming Mr. Brown.”</p><p>Harris was the only officer in the incident who did not give a statement for the investigation.</p><p>Crump — attorney for the parents of Trayvon Martin, the 17-year-old shot to death by George Zimmerman in Sanford — said that after viewing the video he questions the evidence. He believes the evidence presented to the grand jury by the State Attorney's Office was tampered with, but he didn't say how.</p><p>“We want to know what was presented to the grand jury,” Crump said. “Did they see the video we just saw?”</p><p>David Smith of the State Attorney's Office did not return a message left Wednesday.</p><p>Krystal Brown has reached a $550,000 settlement with the city of DeLand in her ex-husband's death. The money will be set aside for the couple's three children.</p><p>DeLand police Chief Bill Ridgway issued a statement on Wednesday, stating that he viewed the video May 31, the same day he fired Harris.</p><p>“The actions taken by Officer Harris that night are not consistent with our department's training, directives, or accepted practices or techniques,” Ridgway said.</p><p>“Personally this event has weighed heavily on me since it occurred. It is always a tragedy when a human life is lost,” Ridgway said.</p><p>In response to allegations by Krystal Brown and Crump that the video was tampered with, Ridgway said originally it was thought the memory card from Harris' dash camera was corrupt, but a special agent with the Florida Department of Law Enforcement, Todd Jones, was able to recover it.</p><p>“Special Agent Jones revealed the file in which the video was on appeared to have been corrupted during the recording process. Special Agent Jones also revealed there was no indication by the forensic software that the file was previously deleted and no indication of deliberate tampering,” Ridgway said. </p><p>“This incident is a tragedy and I have personally spoken with the Brown family and extended my deepest sympathies.” </p><p>Crump said he has drafted letters to the Florida Department of Law Enforcement and other authorities, including the federal government, to conduct an independent investigation of Marlon Brown's death.</p><p>The attorney said that regardless of the fact that it was wrong for Marlon Brown to run from a traffic stop and be out past his probation curfew, he did not deserve to die the way he did.</p><p>Crump also said that Harris should be held responsible and should have at least been charged with vehicular manslaughter, the killing of a human being by a person recklessly and negligently operating a vehicle.</p><p>“The video shows negligence,” Crump said. “He was coming at Marlon Brown with such velocity that regardless whether Marlon Brown fell or not, he would not have been able to stop. He was driving recklessly.”</p>